News & Analysis as of

Regulatory Reform Permits Environmental Protection Agency (EPA)

Williams Mullen

Everything Old is New Again: Actual Emissions are No Longer Enforceable Under NSR Permitting

Williams Mullen on

EPA is withdrawing the proposed rule titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting’’ published in the Federal Register...more

White & Case LLP

Trump Administration Issues Executive Order to Streamline Data Center Development

White & Case LLP on

On July 23, 2025, President Trump issued an Executive Order (the "EO") that directs federal agencies to streamline permitting reviews, provide financial support, and utilize federal land for the expeditious development of...more

Holland & Knight LLP

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

Holland & Knight LLP on

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — May 2025

In April, we marked the Trump administration’s first 100 days and, with it, a continued sweeping recalibration of federal energy and environmental policy with aggressive efforts to curtail government spending, restructure key...more

Holland & Hart LLP

Key Takeaways from the EPA and the Corps' New WOTUS Guidance Memo

Holland & Hart LLP on

On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more

Jones Day

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

Jones Day on

On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Allen Matkins

California Environmental Law & Policy Update 3.7.25

Allen Matkins on

On Tuesday, in a 5-4 opinion authored by Justice Samuel Alioto, the U.S. Supreme Court issued a pivotal ruling that the Clean Water Act (CWA) provisions authorizing the U.S. Environmental Protection Agency (EPA) to impose...more

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

ArentFox Schiff

Context for the Five Pillars of EPA’s ‘Powering the Great American Comeback Initiative’

ArentFox Schiff on

On February 4, new US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced EPA’s “Powering the Great American Comeback Initiative,” which is intended to achieve EPA’s mission “while emerging the greatness...more

Jenner & Block

Client Alert: Key Energy and Environmental Takeaways from Trump’s Early Executive Orders

Jenner & Block on

In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

Bilzin Sumberg on

On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more

Seyfarth Shaw LLP

USEPA Administrator Pruitt Issues Memo To Update Agency Use of Clean Water Act Section 404(c) Veto Power

Seyfarth Shaw LLP on

Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more

Stoel Rives LLP

Attention NSR Geeks: EPA Clarifies Applicability Approach

Stoel Rives LLP on

On December 7, 2017, EPA administrator Scott Pruitt announced an approach to New Source Review (NSR) applicability that supports presidential priorities for streamlining permit requirements: “New Source Review Preconstruction...more

Nossaman LLP

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

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